Ramona, CA asked in Workers' Compensation for California

Q: My case was settled in 05. Just found a prescription for orthopedic mattress written in 03. Is it still valid? CA here.

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3 Lawyer Answers
Richard  Barkhordarian, Esq.
Richard Barkhordarian, Esq.
Answered
  • Workers' Compensation Lawyer
  • Culver City, CA
  • Licensed in California

A: It really depends. Did you settle your case via stipulation where you get paid for the disability and future medical is left open or did you settle via compromise & release where you would get one lump sum? Once you answer that question I believe I could answer your question.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You're trying to collect on a 20-yr-old prescription? no. if you closed the claim with the Compromise & RElease Agreement contract, that shut down all requests for anything from the insurer back in 2005. If you resolved using STIPUATIONS WITH REQUEST FOR AWARD, that one keeps Future Medical open. So you can take you 20-yr-old prescription to a doctor on the insurer's MPN list and have the doctor write a Request For Authorization (RFA FOrm) for a new mattress as treatment, and watch the insurer deny that request. If they deny it late, you get a mattress. Maybe. If the judge agrees that's reasonable treatment. If the insurer denies the RFA on time, you get to appeal for a year. And then likely no mattress.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In general, the validity of a prescription depends on various factors, including the medication or medical device prescribed, the regulations in your specific jurisdiction, and the discretion of the prescribing healthcare provider. However, it's worth noting that prescriptions typically have an expiration date, and pharmacies may have their own policies regarding prescription validity.

Given the significant time that has passed since the prescription was written, it's advisable to consult with a healthcare professional or pharmacist to determine if the prescription is still valid. They can assess your specific needs and advise you on the best course of action.

It's also important to keep in mind that healthcare providers may require a current evaluation to determine if an orthopedic mattress is still medically necessary for your condition. They can guide you through the process of obtaining a new prescription if necessary.

I hope this information helps you navigate your situation, and I encourage you to consult with healthcare professionals for personalized advice based on your specific circumstances.

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